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Perspective

Mar. 21, 2015

Arbitration's lesser-known dark side

Articles often extol the virtues of arbitration - such as to help avoid runaway jury awards or excessive attorney fees - but they never address arbitration's dark side. By Walter A. Taylor


By Walter A. Taylor


Articles often extol the virtues of arbitration - such as in employment or securities litigation, where it helps avoid runaway jury awards or excessive attorney fees - but they never address arbitration's dark side.


Arbitration is a creature of contract. The problem is that arbitration clauses are often thought of merely as enforceable "jury waiver" provisions; few lawyers really attempt to craft contract-specific arbit...

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